BILL NUMBER: AB 2283	CHAPTERED  09/11/00

	CHAPTER   397
	FILED WITH SECRETARY OF STATE   SEPTEMBER 11, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 8, 2000
	PASSED THE ASSEMBLY   AUGUST 24, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JUNE 26, 2000
	AMENDED IN ASSEMBLY   MAY 15, 2000
	AMENDED IN ASSEMBLY   APRIL 25, 2000
	AMENDED IN ASSEMBLY   APRIL 3, 2000

INTRODUCED BY   Assembly Member Florez
   (Coauthor:  Assembly Member Cardoza)

                        FEBRUARY 24, 2000

   An act to amend Section 40703 of, and to add Section 39702.5 to,
the Health and Safety Code, relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2283, Florez.  Air pollution:  control measures.
   (1) Existing law requires air pollution control districts and air
quality management districts to adopt and enforce rules and
regulations to achieve and maintain the state and federal ambient air
quality standards.
   Existing law defines "best available control technology" (BACT) as
an emission limitation that will achieve the lowest achievable
emission rate for the source to which it is applied.  Existing law
defines "best available retrofit control technology" (BARCT) as an
emission limitation that is based on the maximum degree of reduction
achievable.
   Existing law requires each district with moderate air pollution to
include the use of BACT for any new or modified stationary source
that has the potential to emit 25 pounds or more per day of any
nonattainment pollutant or its precursors.
   Existing law also requires each district with serious air
pollution to include the use of BARCT for all existing permitted
stationary sources, to the extent necessary to meet the requirements
of that district's attainment plan.
   This bill would require the State Air Resources Board to
investigate specified matters with respect to emissions abatement
equipment required by the San Joaquin Valley Unified Air Pollution
Control District with respect to primarily seasonal sources, as
specified.  The bill would require the state board to investigate the
average useful life of emissions abatement equipment used to meet
BACT or BARCT, the implications of imposing additional requirements
on emission sources that are controlled to BACT and BARCT levels, the
average, actual, and historical costs of complying with BACT and
BARCT requirements, and the implications of applying incremental cost
effectiveness thresholds to projects subject to those requirements.
The bill would require the state board to provide a report to the
Legislature on its findings by January 1, 2002.  The bill would also
require the state board to appoint an advisory committee, consisting
of representatives of specified groups, to assist the state board in
performing the investigation and preparing the report.
   (2) Existing law also requires each district to consider the cost
effectiveness of specific control measures in adopting its attainment
plan, and to provide its findings to the public.
   This bill would require each district to also consider and provide
to the public the basis of those findings and the considerations
involved in determining the findings.
   (3) By imposing new duties on districts, the bill would impose a
state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 39702.5 is added to the Health and Safety Code,
to read:
   39702.5.  (a) The state board, in consultation with the advisory
committee established pursuant to subdivision (e), shall investigate
and provide a report to the Legislature by January 1, 2002, on all of
the following matters with regard to emissions abatement equipment
required by the San Joaquin Valley Unified Air Pollution Control
District with respect to primarily seasonal sources from steam
generators, boilers, process heaters, furnaces, and dehydrators that
are subject to BACT and BARCT requirements:
   (1) The average useful life of emissions abatement equipment
utilized to meet "best available control technology" (BACT), as
defined in Section 40405, or "best available retrofit control
technology" (BARCT), as defined in Section 40406.  This assessment
shall be based on projections provided by the district, the
experience of source operators, and representations made by
manufacturers of the equipment.
   (2) The implications of imposing additional requirements on
emission sources already controlled to BACT and BARCT levels,
accounting for the costs of, and the emission reductions attributable
to, previous BACT and BARCT controls.
   (3) The average, actual, and historical costs, for a
representative number of sources of steam generators, boilers,
process heaters, furnaces, and dehydrators that are subject to BACT
and BARCT requirements of complying with those requirements, and a
comparison of those costs to estimates utilized by the district in
the development of those requirements.
   (4) The implications of applying incremental cost effectiveness
thresholds to sources that are subject to BACT and BARCT
requirements, and the implications of applying these thresholds for
the development of future BACT and BARCT requirements.
   (b) The investigation required by this section shall include only
the sources of oxides of nitrogen (NOx) controlled by BACT and BARCT
requirements in the district described in subdivision (a).
   (c) The report required by subdivision (a) shall take into account
air quality and public health considerations, as well as factors
such as growth, interbasin transport of air pollutants from other
regions, and other factors deemed appropriate by the state board.
The report shall also specifically take into account the operation of
seasonal sources, safety issues, energy efficiency, capital costs,
operational and maintenance costs, and the implications of potential
catastrophic events on sources.  The state board shall also consider
any other factors deemed appropriate by the advisory committee
appointed pursuant to subdivision (e).  The advisory board, if it
deems appropriate, may recommend that the state board also consider
including stationary internal combustion engines in the report, if
the advisory board also determines that the inclusion of stationary
internal combustion engines would not significantly expand the scope
of the report.
   (d) The state board shall have the final determination of the
scope of the investigation and the report required by this section.
   (e) The state board shall appoint an advisory committee to assist
the state board in, and to provide advice on, the investigation
conducted and the report prepared pursuant to subdivision (a).  To
the extent practicable, this advisory committee shall include
representatives from all of the following:
   (1) The district.
   (2) Environmental organizations.
   (3) Stationary source related organizations.
   (4) Seasonal stationary source related organizations.
   (5) Agricultural interests.
   (6) A representative of the United States Environmental Protection
Agency shall be invited to participate.
   (7) Any other entity or organization the state board deems
appropriate.
   (f) The principal purpose of the report required by subdivision
(a) is to provide a basis for evaluating the cost effectiveness,
safety, and related matters associated with air pollution control
technologies in the San Joaquin Valley.
  SEC. 2.  Section 40703 of the Health and Safety Code is amended to
read:
   40703.  In adopting any regulation, the district shall consider,
pursuant to Section 40922, and make available to the public, its
findings related to the cost effectiveness of a control measure, as
well as the basis for the findings and the considerations involved.
A district shall make reasonable efforts, to the extent feasible
within existing budget constraints, to make specific reference to the
direct costs expected to be incurred by regulated parties, including
businesses and individuals.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
